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Bombay High CourtCA/11069/2025admittedallowedgrantedrule absolute

Vishnu Narayan Birajdar (Died) Thr Lrs Rukmini And ORS v. The State Of Maharashtra And ANR

2025-10-09Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:28372 925-CA-11068-2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 11068 OF 2025 IN FA/252/2021 WITH CIVIL APPLICATION NO. 11069 OF 2025 IN FA/252/2021 VISHNU NARAYAN BIRAJDAR (DIED) THR LRS RUKMINI VISHNU BIRAJDAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Ms. L. R. Thakur h/f Mr. L. C. Patil AGP for Respondent-State : Mr. V. S. Badakh ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

09 OCTOBER 2025 PER COURT :- Civil Application No. 11069 of 2025 1.

This is an application for deleting name of applicant no.1 Rukmini Vishnu Birajdar, who is respondent no.1 in the First Appeal, since she is reported to be dead. Learned counsel for the applicants submits that present applicant nos. 2 to 4 are the known legal representatives of deceased Rukmini Vishnu Birajdar and they are already on record. Copy of death certificate is annexed at Exhibit "A" which reflects date of death as 21.05.2013. There is delay of 4413 days caused in filing this application.

925-CA-11068-2025 -22.

Learned AGP has no objection to allow the prayer in this application.

3.

In view of the above, Civil Application No. 11069 of 2025 is allowed in terms of prayer clauses (A) and (B), and disposed off accordingly.

4.

Amendment be carried out forthwith.

Civil Application No. 11068 of 2025 1.

Civil Application No. 11068 of 2025 is filed by the applicantsoriginal claimants seeking permission to withdraw the amount deposited by the acquiring body.

2.

Learned AGP seeks time to verify as to whether entire amount is deposited or not.

3.

Place this application for consideration on 20.11.2025. [ABHAY S. WAGHWASE, J.] vre